Trust Laws in the United States

In the United States, trusts are widely used for wealth transfer and tax planning purposes. The laws governing trusts vary from state to state, although the evolution of those laws this century has led to increasing uniformity of those laws among many states. But important distinctions remain, and several states notably stand apart, endeavoring to be more attractive to those seeking to form and administer trusts. Overlaying the state laws, some federal laws – particularly those concerning taxes – play a central role in the design and administration of trusts. Written by experienced attorneys and other subject matter experts, this book is an in-depth survey of trust laws in the United States. It provides clear explanations of the law and practical insights into its application. A series of state-specific chapters cover key aspects of each state’s trust laws in the most populous states, as well as key jurisdictions like Delaware, Nevada, New Hampshire, South Dakota, Tennessee, and Wyoming. Topics covered include: the creation of trusts, modification of trusts, decanting, trustee duties, directed and divided trusts, and state income taxation of trusts. In addition, a series of chapters covers subjects that are relevant to trusts throughout the United States. These topical chapters include: the federal income taxation of trusts, wealth transfer tax considerations in the design and administration of trusts, considerations in selecting a trust situs, choice of law principles, and the use of mediation to resolve trust disputes. This book is a comprehensive resource for lawyers, accountants, trust officers, and others who advise settlors, beneficiaries, and trustees on the formation and administration of trusts in the United States.